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Case Dismissal Based on Slander by Prosecutor??

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codon blue

Junior Member
Hi, I live in Washington State. A friend of mine was in family court the other day because he didn't know his child support had been raised and he was paying $40.00 less than he should have been. When he went before the judge the prosecutor proceeded to tell the judge about some unrelated charges that he has not been convicted of. The prosecutor was really trying to make him look bad so my friend tried to defend himself and the judge heeld him in contempt and made him spend the night in jail. The only thing my friend said was that he was innocent and had not been convicted of anything yet, and when the prosecutor kept saying things he said that was foul. Now the judge is demanding that my friend pay the $4,000+ amount that is in arrears immmediately. I am wondering how this can be fair or legal for the prosecutor to talk about his charges like that to the judge. Can the prosecutor be charged with slander, or does my friend have ant grounds for getting the charges on him dismissed?
Thank you,
Linda
 


Proserpina

Senior Member
Hi, I live in Washington State. A friend of mine was in family court the other day because he didn't know his child support had been raised and he was paying $40.00 less than he should have been.

Are you saying that he was never served with the new order?

When he went before the judge the prosecutor proceeded to tell the judge about some unrelated charges that he has not been convicted of. The prosecutor was really trying to make him look bad so my friend tried to defend himself and the judge heeld him in contempt and made him spend the night in jail.

Your friend WAS in contempt - for non-payment of child support.

If he was genuinely not served, that was an issue he should have raised at the time. But I'd guess that he was properly served.

The only thing my friend said was that he was innocent and had not been convicted of anything yet, and when the prosecutor kept saying things he said that was foul. Now the judge is demanding that my friend pay the $4,000+ amount that is in arrears immmediately. I am wondering how this can be fair or legal for the prosecutor to talk about his charges like that to the judge. Can the prosecutor be charged with slander, or does my friend have ant grounds for getting the charges on him dismissed?
Thank you,
Linda

Things said during these hearings are generally exempt from being used in defamation cases.

Your friend has no case here - it sounds like he simply didn't pay enough child support and was correctly held in contempt for non-payment.

(Let me put this another way - if he was notified of a contempt hearing, it's likely going to be a little difficult for him to claim that he wasn't notified of a new child support amount)

If your friend has questions, he can come here himself to ask his questions, or he's welcome to speak with a local attorney.

ETA: Linda, many of your uh.. "friends".... seem to have legal issues. Is there a reason they can't sign up for help themselves?
 

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